John Tsalapatis standing trial over fatal crash that killed Bernice Sternberg at McLaren Vale
The driver who allegedly ploughed through an intersection and caused a fatal crash cannot be found guilty as the give way signs were suboptimal, a court heard.
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The driver who allegedly “ploughed” through an intersection and caused a horror crash said he cannot be found guilty as the warning signs were suboptimal, a court heard.
John Tsalapatis is standing trial in the District Court this week after allegedly killing
Bernice Sternberg, 61, by driving dangerously on Main Road in McLaren Vale on March 28, 2021.
Prosecutor Jim Pearce KC told the court in his opening statement that Mrs Sternberg and her husband Ron had been to church and visited Mrs Sternberg’s mother in a nursing home on the day of the crash.
Mr Sternberg was driving his wife of 36 years home at 5.30pm when they approached the intersection of Main and McMurtrie roads.
Footage, released by the District Court, shows the moment the three cars collided at the intersection, throwing the Sternberg’s car into nearby rose bushes.
Mr Pearce said Mr Tsalapatis was behind the wheel of a black Subaru heading west at the intersection and allegedly failed to give way, while travelling at about 80km/h.
“In the few seconds or so before the impact his car slowed … but it barely slowed at all, it didn’t slow in any meaningful matter,” he said.
“On the prosecution case he just ploughed through the intersection.”
The court heard Mr Tsalapatis “T-boned” the Sternberg’s Nissan Pulsar, with the point of impact to the front passenger side where Mrs Sternberg was seated.
Mr Pearce said the force of the impact pushed the Sternberg’s car into the other lane, colliding head-on with a car Ben Moulton was driving, who had his teenage daughters as passengers.
The court heard Mrs Sternberg had to be cut from the wreckage and underwent emergency surgery at the Flinders Medical Centre but died from her injuries five days later.
Mr Moulton and Mr Sternberg suffered minor injuries.
Mr Tsalapatis, of Whyalla, pleaded not guilty to causing death and harm by dangerous driving.
On Thursday, Jane Abbey KC, for Mr Tsalapatis, said while the outcome of the crash was tragic and catastrophic her client didn’t see the warning signs or intersection.
Ms Abbey said the sun glare on the day of the alleged offending was one of the factors that caused Mr Tsalapatis to miss the “suboptimal” signs.
“You might find that the intersection was unsafe at that point in time,” she said.
Ms Abbey said the prosecution hadn’t proved that Mr Tsalapatis’ driving was criminally dangerous.
Mr Pearce told the court Mr Tsalapatis allegedly ignored the give way warning signs and he should have been more cautious considering he was unfamiliar with the area.
“If you’re driving in a safe manner you’ll see the car coming, you’ll see the intersection coming forward … the accused didn’t see either and there is your evidence,” he said.
The trial before a jury continues.
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